Allan v R (No 2) [2011] NSWCCA 27

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Allan v R (No 2) [2011] NSWCCA 27 Hearing dates: 24 September 201020 October 20103 November 2010 Decision date: 02 March 2011 Before: Simpson J at 1; Hoeben J at 2; Price J at 3 Decision: The commencement dates of the sentences imposed by Flannery DCJ on 1 September 2009 be varied pursuant to s 59 of the Crimes (Sentencing Procedure) Act as follows: 1. Break, enter and steal: 3 years imprisonment consisting of a non-parole period of 2 years commencing 2 January 2010 and expiring 1 January 2012 with a balance of term of 1 year expiring on 1 January 2013. 2. Assault occasioning actual bodily harm: imprisonment for a fixed term of 12 months commencing 2 January 2010 and expiring on 1 January 2011 Catchwords: CRIMINAL LAW - appeal - sentencing - application of s 59 Crimes (Sentencing Procedure) Act 1999 - no requirement for subsequent sentence to begin at a future date Legislation Cited: Crimes Act 1900 Crimes Legislation Amendment Act 2003 Crimes (Sentencing Procedure) Act 1999 Interpretation Act 1987 Cases Cited: Allan v Regina [2010] NSWCCA 213 AJO v Regina [2008] NSWCCA 28 Harrison v Melhem [2008] NSWCA 67; (2008) 72 NSWLR 380 Regina v Pham [2004] NSWCCA 263 Regina v Shane Patrick Donohue (no 2) [2001] NSWCCA 495 Regina v Walsh [2004] NSWCCA 428 Category: Sentence Parties: Bernard Allan (Applicant) Regina (Respondent) Representation: Ms C Loukas and Ms M Pringle (Applicant) Ms V Lydiard (Respondent) Ms S Hopkins and Mr J Styles (Aboriginal Legal Service) Mr S Kavanagh (Solicitor for Public Prosecutions) File Number(s): CCA 2007/11836 Decision under appeal Date of Decision: 2009-09-01 00:00:00 Before: Flannery DCJ File Number(s): CCA 2007/11836